QUESTION
How do I file a motion to remove a home from Chapter 7 Bankruptcy?
Asked on May 23rd, 2011 on Bankruptcy - California
More details to this question:
My husband and I have filed Chapter 7 bankruptcy and have our court date in mid June. We have a short sale offer on our home and the bank is willing to accept the offer but want a motion to remove the house from the bankruptcy. We do not have an attorney since we filed the paperwork ourselves. The cost to have the option prepared and presented is prohibitive. Spoke with the BK rep at the bank and she advised that we file the motion ourselves, hopefully before our hearing, so that we may be able to get the release at that time. I am at a loss as to what form the motion takes and would appreciate any advice as to where to find the form for this motion and how to file it. Thank you in advance.
4 ANSWERS
Family Law Attorney serving Bellevue, WA
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Dearbonn Law Offices PLLC
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I suggest you retain an attorney in your area to help with filing the motion or guide you for a fee.
Answered on Jun 01st, 2011 at 9:07 AM
This is not a form motion in many districts, this would be a full-fledged hearing set motion, probably about 15 pages long total with exhibits, which must be set for a court date pursuant to the rules. Also, the date you have your 341 hearing is NOT going to happen that date is with the Trustee, and while at the courthouse, is NOT court. I do these for lenders all the time ask your agent if he/she is willing to give up the money in closing to get the deal done. After all, if the house doesnt sell, they get nothing.
Answered on May 26th, 2011 at 11:07 AM
Please check with the court. Explain your situation and ask for a pro-bono attorney to assist. There should be a pool of pro bono attorneys registered with the court. You could also try http://apps.americanbar.org/legalservices/probono/businesslaw/bankruptcy.shtml. Even if the Trustee and bank don't oppose the motion, you would be better off having an attorney to present to the court.
Answered on May 25th, 2011 at 12:39 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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You can get permission from the Chapter 7 trustee to short sell your house. This can happen by simply waiting until the trustee abandons the property, files a declaration of no-asset or closes the case. It is not necessary to file a motion in this regard.
Answered on May 25th, 2011 at 12:30 PM